DHSC and Manx Care's powers in 2020 in respects of private dentists

Summary

The requester asked for the legislation under which a dentist and co-workers visited a private surgery in September 2020. The Department of Health and Social Care responded that it does not hold this information, citing a practical refusal reason as the data may be held by Manx Care following a 2021 restructuring.

Key Facts

• The request concerns a visit to LLA Hanson's private dental surgery on 3 September 2020.
• The Department of Health and Social Care stated it does not hold the requested information.
• The refusal is based on Section 11(3)a of the Freedom of Information Act 2015.
• The Department was redesigned on 1 April 2021 to separate policy setting from service delivery by Manx Care.
• The requester was advised that Manx Care may be able to provide the information.

Data Disclosed

• 3 September 2020
• 10 July 2024
• 30 July 2024
• 1 April 2021
• Unit 20
• 3969794

Exemptions Cited

• Section 11(3)a of the Freedom of Information Act 2015 (Information not held)

Original Request

Dear Sirs On 3 September 2020 a dentist and two co-workers visited the private dental surgery of LLA Hanson at Unit 20, Onchan Precinct. What was the legislation they were acting under at this time? This query is being addressed to both Manx Care and the Department of Health and Social Care. Yours sincerely *REDACTED*

Data Tables (1)

Full Response Text

Chief Officer: Paul Richardson Freedom of Information Team First Floor Belgravia House Circular Road Douglas IM1 1AE

Our ref: 3969794 30 July 2024

Dear ###

We write further to your request received 10 July 2024, which states:

"Dear Sirs

On 3 September 2020 a dentist and two co-workers visited the private dental surgery of LLA Hanson at Unit 20, Onchan Precinct.

What was the legislation they were acting under at this time?

This query is being addressed to both Manx Care and the Department of Health and Social Care.

Yours sincerely

REDACTED"

While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care (the Department) is unable to provide the information that you have requested. This is in line with Section 11(3)a of the Act, as a practical refusal reason applies; namely we do not hold or cannot, after taking reasonable steps to do so, find the information that you have requested as it may be held by Manx Care.

You have advised that you have already submitted your request to Manx Care, who may be able to help you.

To provide advice and assistance, the Department was redesigned on 1 April 2021 as a result of Sir Jonathan Michael’s Independent Review of the Isle of Man Health and Care System. This Review continues to be a catalyst for change and improved service provision. The redesigned Department ensures the separation between the setting of policy and strategy and the delivery of services by Manx Care.

Please quote the reference number 3969794 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.